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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: October 20, 2016
SUBJECT:
An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 823 W. Downer Place from R-4 Two Family Dwelling to R-2 One Family Dwelling (Mel Magnuson - 16-00847 / AU21/1-16.148-RZ - SB - Ward 4)
PURPOSE:
The Petitioner, Mel Magnuson, is requesting to downzone the property at 823 W. Downer Place from R-4 Two Family Dwelling District to R-2 One Family Dwelling District, which is compatible with the surrounding zoning district and use of the property.
BACKGROUND:
The Subject Property is located at 823 W. Downer Place and has recently been converted to a one family residence therefore the owner now wishes to rezone the property to be consistent with the new single family use. Additional information on the property can be found in the attached Property Information Sheet.
DISCUSSION:
Staff has reviewed the rezoning petition and have determined that it meets all applicable codes and ordinances.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.0 To guide the growth of the City in an orderly and structured manner.
12.1 (5) To encourage a graduation from high density residential areas to low density residential areas.
22.1 (1) To achieve appropriate zoning protection for residential areas designated in the land use plan.
RECOMMENDATIONS:
Planning Commission recommended APPROVAL of the Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 823 W. Downer Place from R-4 Two Family Dwelling to R-2 One Family Dwelling district.
ATTACHMENTS:
Exhibit A Legal Description
Land Use Petition with Supporting Documents
Property Research Sheet
Plat of Survey
Legistar Number: 16-00847
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, by Rezoning Property located at 823 W. Downer Place from R-4 Two Family Dwelling to R-2 One Family Dwelling
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Mel and Carol Magnuson is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated August 31, 2016, Mel Magnuson filed with the City of Aurora a petition requesting to downzone the property at 823 W. Downer Place from R-4 Two Family Dwelling District to R-2 One Family Dwelling District; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on October 19, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on October 27, 2016 the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Rezoning is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.